Page:Prerogatives of the Crown.djvu/131

 Ch. VIIL^ Fountain of Honours^ ^c, 1 1 1 that upon the father's death the two titles unite or become one and the same [a). The creation by patent under the great seal, is a royal grant to a subject of any dignity and degree of peerage {h), Antiently a certain corporeal ceremony or investiture was considered necessary to perfect a dignity created by patent, but it has long since been settled otherwise (c) ; and that the creation of the dignity by letters patent is complete, although the grantee die before he has taken his seat (d). The patent must contain apt Vords to direct the inheritance in the dignity conferred, else it will enure to the grantee for life only, and his descendants will have no claim to it {e). We have just seen that the King may restrain the descent of a dignity, and his Majesty may also make either a man or a woman noble for life, but not for years, because then it might go to executors or administrators (/). A person may also have a qualified fee in a dignity {g nor can there be any objection to its being limited in remainder {h). Where a person who has a dignity, marries, his wife becomes entitled to the same during her life, unless she afterwards marry a commoner; for as she acquired, so she loses, her dignity by marriage. But where a woman who has a dignity in her own right marries a commoner, she still retains her dignity (/), though she communicates no rank or title to her husband (^); and it seems that he is not entitled to be tenant by the curtesy of his deceased wife's title, though this latter point is certainly far from being clear (Z). It is laid down by great authority, that if a Duchess by marriage, marry a Baron, she continues a Duchess still; for all the nobility are jparesy (a) Case of the claim to the barony It has been supposed that a man may of Sydney of Penhurst, disallowed. be made noble for the life of another. Dom. Proc. 17 June, 1782; 5 Bro. Cas. 51 Hen. 6, 29; by Danby» Co. Lit, in Pari. 509. 3 Cruise Dig. 211, 212. 16, b. note 6. {b) 3 Com. Dig. 215. 1 Bla. Com. (g) 1 Inst. 27, a. 3 Cruise Dig. 222. 400. h) 3 Cruise Di?. 226. As to entail- (c) 3 Cruise Dig. 218. " ing a dignity, 3 Cruise 223. s. 101, &c. d) 1 Inst. 16, b. 12 Rep. 71. Lords* (i) 1 Inst. 16, b. Dyer, 49. Ndbi- Journ. 21 Tol. 682. 3 Cruise Dig. 219. lity gained by marriage is to be tried 1 Ld. Raym. 10, 14. by jury. 6 Co. 53, a. Ld.Raym. 14. (*) Co.' Lit. 16, b. 1 Bla. Com. 401. (Jt) Hargr. Co. Lit. 326, b. 3Cruife Dig. 218. Seel Ld. Raym. (/) Co. Lit. 29, b. note 1. 3 Cruise, 16. 227. sect. 106 to 113. (/) 1 Inst. 27, a. 3 Cruise Dig. 222. and